Kernrechtsfrage
Whether acquitted accused could be charged with first-instance costs under Art. 426 para. 2 CCP.
Extrahierter Entscheid
Yes, because they unlawfully and faultily caused the proceedings by modifying and selling devices enabling unauthorized decoding.
Extrahierte Begründung
A costs order against an acquitted person is compatible with the presumption of innocence if it is based on a clear unlawful and causal misconduct. The court found a breach of Art. 2 LCD, independent of any criminal conviction.